WARNings For Firms Facing Layoffs Or Bankruptcy

Law360, New York (December 30, 2008, 12:00 AM EST) -- As we enter 2009, the worsening economy will force many employers to downsize, relocate and, in some cases, contemplate bankruptcy. These decisions will trigger obligations under a variety of laws, including the federal and state[1] Worker Adjustment and Retraining Notification ("WARN") Acts.

This article addresses three important developments: (1) the enactment of a new WARN Act in the State of New York; (2) a recent bankruptcy court decision clarifying when WARN Act obligations qualify as an administrative expense under the Bankruptcy Code as amended in 2005;...
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